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%@#$ Contractor doing work for my neighbor destroyed my bulkhead, deck, and yard.

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%@#$ Contractor doing work for my neighbor destroyed my bulkhead, deck, and yard.

Old 10-22-2010, 07:12 PM
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Default %@#$ Contractor doing work for my neighbor destroyed my bulkhead, deck, and yard.

Without going into huge details... my neighbor is having work done on their house.

In the process of them doing the work they destroyed part of my property and a structure on it.

I showed up and the "contractor" told me not to worry and that everything would be corrected. Something that I do not believe for a second.

Prior to the work starting I took pictures of that side of my property (I knew the work was being done, and I knew who was doing it)... again, I can't get into specifics, but I happy my wife made me take the pictures... oh BOY am I happy about that part.

So far.

I've left a voice mail for the owner of the company.
I've called police and had them write a report
I've taken a TON of pictures of the damage and all surrounding areas
I've made a written list of the damage and what needs to be done to return it to the condition that it was before these people did what they did.
I've contacted my insurance agent to let them know what happened.

The contractor claims they will be back tomorrow to "fix it" -- which is total bullshit, but I'm willing to see what happens.

Am I correct that I have to give them a chance to correct it? I would rather they don't touch it, because the damage occurred because they don't know the right way to do things... however, it is the sort of thing that if it isn't fixed right away will get more seriously damaged... perhaps in such a way that it won't be repairable.

I will add that when they figured out that I had the police coming, they ran like roaches.

Any idea, thoughts of advice that you have would be much appreciated!

Thanks!

Last edited by OldPete; 10-28-2010 at 08:08 AM.
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Old 10-22-2010, 07:20 PM
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I would think you could turn it into your insurance company as a claim, hire someone to do the repair work, and then let your insurance company fight it out with the contractor.

My wife was involved in a car accident with a guy who's insurance company kept dragging their feet so we filed a claim with our insurance company so we could get the truck fixed and our insurance company sued the other driver AND his insurance company. We never heard another word about it.

That is the route I would go. What did your insurance company say when you alerted them of the damage? They should have told you to get an estimate of the damage, or send an adjuster out to do an estimate of the damage. Someone correct me if I am wrong, but you are not required to allow the contactor to repair the damage they caused if you don't want them to do the repair.


Russ
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Old 10-22-2010, 07:22 PM
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Don't let him touch it.
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Old 10-22-2010, 07:31 PM
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CALL YOUR INSURANCE COMPANY YESTERDAY!!!!

There is no need for you to get more involved. A phone call to the local building department is well worth the effort.

You best give your bride a big hug and kiss. You now owe her a very nice dinner.
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Old 10-22-2010, 07:36 PM
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Without giving us much more information concerning the damage, it is hard for us to recommend that you have the guy make the repairs to your place. It sounds like you feel that he is incompetent, so we'll take your statement at face value. Was his original work with a valid building permit? Is he a licensed contractor? A one man shop or a large company?


There seems to be two ways to handle this...


1. File a claim with your insurance company and let them handle it 100%.

or

2. Hire a contractor to come in and make the repairs, pay him out of your pocket and then file a claim against the contractor that did the damage. If he turns out to be a flake and skips town, file a claim against your neighbor.

Good luck!
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Old 10-22-2010, 07:45 PM
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You do not have to allow them access, period. If you don't trust this guy/co. and it sounds like you don't do not allow them on your property. You have no obligation to let them touch anything on your side of the property line.

If he comes and offers, be polite but firm, state you are waiting word from your ins. co. on what steps to take and until they can inspect nothing gets moved.

Don't lose your cool, as they may try to press the issue, just go back inside and call the police if needed.

Gotta love your wife!
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Old 10-22-2010, 07:50 PM
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Originally Posted by ABoater View Post
Without giving us much more information concerning the damage, it is hard for us to recommend that you have the guy make the repairs to your place. It sounds like you feel that he is incompetent, so we'll take your statement at face value. Was his original work with a valid building permit? Is he a licensed contractor? A one man shop or a large company?


There seems to be two ways to handle this...


1. File a claim with your insurance company and let them handle it 100%.

or

2. Hire a contractor to come in and make the repairs, pay him out of your pocket and then file a claim against the contractor that did the damage. If he turns out to be a flake and skips town, file a claim against your neighbor.

Good luck!
It was done with a valid permit, he is a decent sized company that has been in the area a long time. He is licensed.
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Old 10-22-2010, 07:54 PM
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Originally Posted by 08087 View Post
You do not have to allow them access, period. If you don't trust this guy/co. and it sounds like you don't do not allow them on your property. You have no obligation to let them touch anything on your side of the property line.

If he comes and offers, be polite but firm, state you are waiting word from your ins. co. on what steps to take and until they can inspect nothing gets moved.

Don't lose your cool, as they may try to press the issue, just go back inside and call the police if needed.

Gotta love your wife!
Here's the sticky point: If they don't fix the "main" part of the damage within 24-36 hours, there will be much more significant damage. Damage that will make the current damage look very small.

ACTUALLY -- I think you guys helped me brainstorm this out!!

I'm thinking that I'm going to let them "fix" the main part to prevent it from getting any more damaged, and then once everything is "secure" -- I'll be able to be less rushed about the other stuff and make sure they understand exactly how it has to be done to avoid litigation.
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Old 10-22-2010, 08:24 PM
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There's nothing wrong with having the contractor make an emergency repair (make a copy of his liability Ins). Keep the insurance company and the building department involved and listen to them. The Ins Co and BD are the "experts" in their fields and will want it done right. Is it possible that the contractor made an "honest" mistake and is capable and willing to fix it properly? Unless you have no confidence in the contractor, see if he'll make it right. Most other contractors aren't going to want to get involved in what might turn into lost time spent in court testifying.
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Old 10-22-2010, 08:57 PM
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What did they do?
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Old 10-22-2010, 09:01 PM
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IMHO, I would let the insurance company earn their keep. Good luck.
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Old 10-22-2010, 09:03 PM
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Originally Posted by davedowneast View Post
There's nothing wrong with having the contractor make an emergency repair (make a copy of his liability Ins). Keep the insurance company and the building department involved and listen to them. The Ins Co and BD are the "experts" in their fields and will want it done right. Is it possible that the contractor made an "honest" mistake and is capable and willing to fix it properly? Unless you have no confidence in the contractor, see if he'll make it right. Most other contractors aren't going to want to get involved in what might turn into lost time spent in court testifying.
Good idea on getting a copy of HIS liability insurance info.
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Old 10-22-2010, 09:18 PM
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So the guy is doing a job for your neighbor and getting paid for it. he screws up and damages your house and says no problem he will take care of it. only problem being ,he screwed up on a job that he was getting paid for, but he will do a perfect job on yours that he is going to do for free?. Maybe he will but once you give him the chance to try, it will be very hard to tell him to get lost in the middle of it. and then forget about your insurance co paying for something thats half fixed. let your Ins co pay for it, and have the work done by someone that YOU trust. then he can repay them ,,maybe,, someday,, but it wont be your problem..
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Old 10-22-2010, 10:25 PM
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If the critical area can be covered with a tarp, do it, and follow your ins co directions.
Don't let the contractor do anything other than cover the area with the tarp.
AND SECURE IT FOR WIND!!

Then you will have some time to let YOUR ins co do what you pay them for.
The workers scattered because they were probably undocumented aliens doing day labor under the table.
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Old 10-23-2010, 04:58 AM
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Basically, they did what you say. Since it happened when I wasn't here.

It's restoring everything to the way it was or better that has me in a bind.

Insurance has been notified... no return call back, yet.
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Old 10-23-2010, 04:58 AM
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I've also video taped all the damage.
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Old 10-23-2010, 05:00 AM
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Come on Pete, tell us what they did,

did the step on your lawn and depress the grass?

did the ride across your cracked driveway and cause more damage?

did a ladder inadvertently nock down your gutter?

Tell us what the did
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Old 10-23-2010, 05:03 AM
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Have any friends in the construction business that can come and take a look at the damage, maybe give you some advice on how things should be repaired?
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Old 10-23-2010, 05:12 AM
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A little more info:

The neighbor is having a bulkhead replaced on their property (what folks in other parts of the country may call a seawall, only these are made out of vinyl or wood). The construction company didn't put in a retaining wall in front of the work they were doing (why, I don't know). As a result, an area approximately 6'x16' has been washed away. The land was covered with a weed barrier, decorative stone, and a deck.

Pete
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Old 10-23-2010, 05:14 AM
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Originally Posted by blackfinmike View Post
Come on Pete, tell us what they did,

did the step on your lawn and depress the grass?

did the ride across your cracked driveway and cause more damage?

did a ladder inadvertently nock down your gutter?

Tell us what the did
x2

Pete - We know that you are pretty anal about the small stuff. So what really happened?
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